C-25.01 - Code of Civil Procedure

Section 833 Disposition versions

2016-01-01

833. The new Code of Civil Procedure (chapter C-25.01) replaces the former Code of Civil Procedure (chapter C-25).

The Code applies as soon as it comes into force. However,

(1)  in first instance, originating applications that have already been filed continue to be governed by the former Code solely as regards agreements concerning the conduct of the proceeding and the presentation of the application before the court and time limits;

(2)  cases that would be under the jurisdiction of a different court continue before the court already seized of the matter and those that would be under the jurisdiction of the Small Claims Division of the Court of Québec continue before the division of the Court of Québec already seized of the matter;

(3)  in appeal, the time limits for preparing the appeal record continue to apply to cases already in appeal;

(4)  if already under way, the execution of a judgment, of a decision or of a juridical act that has the same force and effect as a judgment continues in accordance with the former Code, except in the case of execution proceedings already under way in accordance with the rules governing voluntary deposit;

(5)  for the purposes of Book VIII, until an order of the Minister of Justice is published in the Gazette officielle du Québec indicating that the sales register is operational, the publication of notices in the sales register is to be as follows:

(a)  the notice preceding the sale, required by article 748, is to be published in accordance with the rules established by the new Code for notification by public notice and to be notified to the persons mentioned in the second paragraph of article 749;

(b)  the notice indicating that the sale will not take place or is suspended, if such is the case, is to be notified to the persons to whom the notice of sale was notified;

(c)  the notice following the sale, required by article 757, is to be filed at the office of the court where the notice of execution is filed;

(d)  a notice of sale published before the date set in the ministerial order is not required to be published in the sales register; the rules prescribed in subparagraphs b and c apply in such a case, with the necessary modifications.

2014, c. 1, a. 833.